Earnest v. Colvin

Filing 29

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's Application for Relief Under the Equal Access to Justice Act 27 is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall recover attorneys fees from the Social Security Administration in the amount of Three Thousand, Two Hundred Eleven and 00/100 Dollars ($3,211.00). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in this case (see ECF #27 at p. 10), the award shall be made payable to Dempsey, Dempsey & Moellring, P.C., unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and subject to offset to satisfy that debt. Signed by District Judge Catherine D. Perry on August 17, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
TRUDY R. EARNEST,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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No. 2:16 CV 61 CDP

MEMORANDUM AND ORDER
Plaintiff Trudy R. Earnest prevailed on her appeal for judicial review of an
adverse decision of the Social Security Administration and now requests attorney’s
fees under the Equal Access to Justice Act (EAJA) in the amount of $3,211.00. The
Commissioner does not object to plaintiff’s request for fees and asks that I order
payment in the amount requested. I will grant the request.
This matter came before me on plaintiff’s appeal for judicial review of an
adverse decision of the Social Security Administration. In a Memorandum, Order,
and Judgment entered June 12, 2017, I reversed the Commissioner’s decision and
remanded the matter to the Commissioner for further administrative proceedings
under sentence four of 42 U.S.C. § 405(g). Plaintiff now seeks an award of
attorney’s fees inasmuch as she is a prevailing party, has a net worth of less than two
million dollars, and incurred these fees in this action. 28 U.S.C. § 2412(d). The

Commissioner does not oppose plaintiff’s motion but requests that any award be
made payable in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010). Upon
review of plaintiff’s motion and the Commissioner’s response, I find the requested
fees and the Commissioner’s requested terms of payment to be reasonable.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Application for Relief Under the
Equal Access to Justice Act [27] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d),
plaintiff shall recover attorney’s fees from the Social Security Administration in the
amount of Three Thousand, Two Hundred Eleven and 00/100 Dollars ($3,211.00).
IT IS FURTHER ORDERED that, under the terms of the Fee Agreement
executed by the plaintiff in this case (see ECF #27 at p. 10), the award shall be made
payable to Dempsey, Dempsey & Moellring, P.C., unless plaintiff has a pre-existing
debt owed to the United States, in which case the award shall be made payable to the
plaintiff and subject to offset to satisfy that debt.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 17th day of August, 2017.

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